A glimpse of some of the 480 (approx) cars written off as a result of the acid spills along the Trail highway in 2018. Photo: Trail Times

A glimpse of some of the 480 (approx) cars written off as a result of the acid spills along the Trail highway in 2018. Photo: Trail Times

2 years after huge highway acid spill, Kootenay Ford dealer’s frustration grows with ICBC

Trail AM Ford owner Dan Ashman says he just wants fair compensation from ICBC

AM Ford owner Dan Ashman just wants fair compensation for vehicles affected by acid spills that occurred on the highway through Trail in April and May of 2018.

Ashman says that ICBC is using a technicality to avoid paying claims on 13 vehicles traded into AM Ford before consequences of the April 10 and May 23, 2018 acid spills were realized in Trail.

The effects of the spill on vehicles did not come to light until a July 5 Trail Times article revealed that 19 claims were filed with ICBC due to vehicles driving through the caustic liquid.

ICBC has since rejected the dealerships claims totalling about $140,000, and, as a result, Ashman has been forced to use a clause in the sales contract to shift that burden to his customers by taking legal action.

In turn, he expects his customers to sue ICBC.

“If you don’t declare damage over $2,000 when you trade your vehicle in you’re in breach of your contract,” Ashman told the Trail Times.

Related read: Cars being junked after acid spill on Trail highway

In this rare case, both the customer and dealer had no way of knowing that any damage had occurred, and although both parties were insured at the time of the incident, neither can make claims to ICBC.

ICBC refused to cover AM Ford under their compulsory public liability insurance, or the original owners of the vehicles because they no longer owned the vehicles.

Suing your own customers is not good for business, especially in a small community, and the stress it has caused over more than two years has taken its toll on both Ashman and his customers.

“I want this thing to go away,” said Ashman. “I shouldn’t be put in a position where I have to sue my customers, who are also ICBC customers. It’s a heavy-handed, untoward approach by ICBC.”

Related read: Teck Trail suspends trucking company after second spill

Westcan Bulk Transport was transporting sulphuric acid from Teck Trail operations to the IRM Transload Station in Waneta when the spills occurred. The first extended 16 kilometres from the plant, through town, and out to the reload station. The May 23 spill stretched approximately five km along Highway 3B from the smelter to Shavers Bench.

At the time of the first spill, Westcan sent out a statement saying; “Anyone who was travelling in the vicinity at the time of the release and is concerned that their vehicle may have come in contact with the product should run their vehicle through an automatic car wash as a precaution to safely dilute and remove any residue.”

According to ICBC, about 4,800 claims related to the acid spills were filed, and 480 or 10 per cent of those vehicles were found to be exposed to the acid and deemed total losses.

Due to the overwhelming number of claims, ICBC facilities could not respond to inspect the AM Ford’s vehicles in a timely manner, so Ashman had an independent insurer inspect them.

ICBC informed Ashman, that “(It) has never tested any of your vehicles so we have no evidence that any of your vehicles were affected by acid spills.

“There was no contractual relationship in place between your dealership and ICBC when the alleged damage occurred. Accordingly, there is no ICBC Insurance policy to cover your potential losses,” wrote Brenda Adlem, senior legal counsel for ICBC, in a June 13, 2019 letter provided by Ashman.

According to ICBC, the insurer “retained a technical expert to help us review individual claims. As the spills were caused by other parties, ICBC has also taken legal action against the parties involved in an effort to recoup losses on behalf of our ratepayers.”

In April 2019, ICBC filed a notice of civil claim against corporate defendants Teck, IRM, and Westcan Bulk Transport, in addition to two commercial truck drivers, municipal defendants the City of Trail and the Regional District of Kootenay Boundary, and the Ministry of Transportation and Infrastructure, and the Ministry of Environment as Crown defendants.

ICBC’s claim is before the court so it cannot discuss further details.

For Ashman, after more than 35 years of paying public insurance to ICBC, he believes a more practical resolution than expensive litigation be considered.

“They are trying to hang their hat on a technicality and a publicly owned insurance company that’s owned by the citizens of B.C. should not be trying to do that.”



sports@trailtimes.ca

Like us on Facebook and follow us on Twitter

City of TrailICBCkootenay

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Arzeena Hamir, working her booth at the Comox Valley Farmers Market. LUSH Valley was recognized last month as a partner of the year by the BC Association of Farmers’ Markets. Photo by Bill Jorgensen
LUSH Valley recognized for collaboration with Comox Valley Farmers’ Market

They won Partner of the Year award by the BC Association of Farmers’ Markets

Chelsea Harry was last seen Feb. 21. Photo via Comox Valley RCMP
Comox Valley RCMP seeking help locating a missing woman

Missing person last seen in Courtenay on Feb. 21

A Coast Range Cannabis store has been approved for the Crown Isle Shopping Centre in Courtenay. Photo submitted
Courtenay council approves seventh cannabis retailer

Coast Range Cannabis to open second store in the Comox Valley

A map of the Village Forest Lands near Cumberland. Image, Village of Cumberland
Cumberland adopts forest management direction statement

Less detailed than full plan, documents sets out decision-making for village-owned land

Gp Vanier in Courtenay. Circa 2018. Photo courtesy Comox Valley Schools
Another COVID exposure alert for Vanier Secondary in Courtenay

Island Health has sent another exposure alert to parents of students attending… Continue reading

Health Minister Adrian Dix looks on as Dr. Bonnie Henry pauses for a moment as she gives her daily media briefing regarding COVID-19 for British Columbia in Victoria, B.C. THE CANADIAN PRESS/Jonathan Hayward
7 additional deaths and 542 new COVID-19 cases in B.C.

Provincial health officials reported 18 new COVID-19 cases linked to variants of concern

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Chief Justice Christopher Hinkson (Office of the Chief Justice)
Judge questions whether B.C.’s top doctor appreciated right to religious freedom

Lawyer for province says Dr. Henry has outlined the reasons for her orders publicly

The City of Duncan will implement a new pilot project targeting vandalism this spring. (File photo)
Graffiti trouble? Duncan will give you the brush and the paint to remove it

Initiative based on a successful project to protect Port Alberni from unwanted spray paint

A sample of guns seized at the Pacific Highway border crossing from the U.S. into B.C. in 2014. Guns smuggled from the U.S. are used in criminal activity, often associated with drug gangs. (Canada Border Service Agency)
B.C. moves to seize vehicles transporting illegal firearms

Bill bans sale of imitation or BB guns to young people

BC Housing minister David Eby is concerned that Penticton council’s decision to close a local homeless shelter will result in a “tent city” similar to this one in Everett, Wa. (Olivia Vanni / Black Press file)
‘Disappointed and baffled’ B.C. housing minister warns of tent city in Penticton

Penticton council’s decision to close a local homeless shelter could create tent city, says David Eby

This was the scene outside North Saanich’s Parkland Secondary School after an attempted but unsuccessful break-and-enter into the school torched an ATM inside of it. Sidney/North Saanich RCMP did not make any arrests and currently lack suspects as the investigation continues. Members of the public who may have witnessed something or possess other information can contact police at (250) 656-3931 or to Crimestoppers at 1-800-222-TIPS. (Submitted)
Money to burn: burglars torch North Saanich high school ATM

Police dogs searched the exterior and interior of the school after early morning break-and-enter

The first of Fisheries and Oceans Canada’s long-range maritime patrol aircraft—the Dash-8—becomes operational. (Photo supplied by PAL Aerospace)
Fisheries and Oceans Canada’s new De Havilland Dash-8-100 long-range surveillance air craft is capable of staying aloft for eight to 10 hours for a variety of missions up and down the B.C. coast. (Photo supplied by PAL Aerospace)
New plane will double DFO’s surveillance capacity in B.C.

The Dash-8 will fly out of Campbell River for enforcement, conservation missions

A recently published study out of UBC has found a link between life satisfaction levels and overall health. (Pixabay)
Satisfied with life? It’s likely you’re healthier for it: UBC study

UBC psychologists have found those more satisfied with their life have a 26% reduced risk of dying

Most Read